Bill Text: TX SB198 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to restrictive covenants regulating drought-resistant landscaping or water-conserving natural turf.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB198 Detail]
Download: Texas-2013-SB198-Enrolled.html
| S.B. No. 198 | ||
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| relating to restrictive covenants regulating drought-resistant | ||
| landscaping or water-conserving natural turf. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 202.007, Property Code, is amended by | ||
| amending Subsections (a) and (d) and adding Subsection (d-1) to | ||
| read as follows: | ||
| (a) A property owners' association may not include or | ||
| enforce a provision in a dedicatory instrument that prohibits or | ||
| restricts a property owner from: | ||
| (1) implementing measures promoting solid-waste | ||
| composting of vegetation, including grass clippings, leaves, or | ||
| brush, or leaving grass clippings uncollected on grass; | ||
| (2) installing rain barrels or a rainwater harvesting | ||
| system; [ |
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| (3) implementing efficient irrigation systems, | ||
| including underground drip or other drip systems; or | ||
| (4) using drought-resistant landscaping or | ||
| water-conserving natural turf. | ||
| (d) This section does not: | ||
| (1) restrict a property owners' association from | ||
| regulating the requirements, including size, type, shielding, and | ||
| materials, for or the location of a composting device if the | ||
| restriction does not prohibit the economic installation of the | ||
| device on the property owner's property where there is reasonably | ||
| sufficient area to install the device; | ||
| (2) require a property owners' association to permit a | ||
| device described by Subdivision (1) to be installed in or on | ||
| property: | ||
| (A) owned by the property owners' association; | ||
| (B) owned in common by the members of the | ||
| property owners' association; or | ||
| (C) in an area other than the fenced yard or patio | ||
| of a property owner; | ||
| (3) prohibit a property owners' association from | ||
| regulating the installation of efficient irrigation systems, | ||
| including establishing visibility limitations for aesthetic | ||
| purposes; | ||
| (4) prohibit a property owners' association from | ||
| regulating the installation or use of gravel, rocks, or cacti; | ||
| (5) restrict a property owners' association from | ||
| regulating yard and landscape maintenance if the restrictions or | ||
| requirements do not restrict or prohibit turf or landscaping design | ||
| that promotes water conservation; | ||
| (6) require a property owners' association to permit a | ||
| rain barrel or rainwater harvesting system to be installed in or on | ||
| property if: | ||
| (A) the property is: | ||
| (i) owned by the property owners' | ||
| association; | ||
| (ii) owned in common by the members of the | ||
| property owners' association; or | ||
| (iii) located between the front of the | ||
| property owner's home and an adjoining or adjacent street; or | ||
| (B) the barrel or system: | ||
| (i) is of a color other than a color | ||
| consistent with the color scheme of the property owner's home; or | ||
| (ii) displays any language or other content | ||
| that is not typically displayed by such a barrel or system as it is | ||
| manufactured; [ |
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| (7) restrict a property owners' association from | ||
| regulating the size, type, and shielding of, and the materials used | ||
| in the construction of, a rain barrel, rainwater harvesting device, | ||
| or other appurtenance that is located on the side of a house or at | ||
| any other location that is visible from a street, another lot, or a | ||
| common area if: | ||
| (A) the restriction does not prohibit the | ||
| economic installation of the device or appurtenance on the property | ||
| owner's property; and | ||
| (B) there is a reasonably sufficient area on the | ||
| property owner's property in which to install the device or | ||
| appurtenance; or | ||
| (8) prohibit a property owners' association from | ||
| requiring an owner to submit a detailed description or a plan for | ||
| the installation of drought-resistant landscaping or | ||
| water-conserving natural turf for review and approval by the | ||
| property owners' association to ensure, to the extent practicable, | ||
| maximum aesthetic compatibility with other landscaping in the | ||
| subdivision. | ||
| (d-1) A property owners' association may not unreasonably | ||
| deny or withhold approval of a proposed installation of | ||
| drought-resistant landscaping or water-conserving natural turf | ||
| under Subsection (d)(8) or unreasonably determine that the proposed | ||
| installation is aesthetically incompatible with other landscaping | ||
| in the subdivision. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 198 passed the Senate on | ||
| March 18, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 198 passed the House on | ||
| May 20, 2013, by the following vote: Yeas 88, Nays 58, one | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
